inspection of the genital area upon entering police custody. A case-by-case examination was generally not carried out. the same sex as the detainee should carry out the monitoring. Strip-searches constitute a serious interference 64 with general rights of personality. It should therefore be decided on a case-by-case basis whether there are indications of a danger to public security and order that would justify a strip-search. Any such measures must adhere to 65 the principle of proportionality. If a stripsearch is carried out, the reasons for this should be documented in a clear and comprehensible manner. Furthermore, the search should be conducted as respectfully as possible, for example involving two stages where half the body remains dressed in each stage. 3.2.5 – Shackles At a Land police station in Thuringia, a “bodycuff” restraint system with metal handcuffs was used to shackle individuals in custody. The use of metal or plastic handcuffs can result in haematomas or compressed nerves. In order to protect the right to physical integrity, any shackling in custody should be 66 carried out using textile hand restraint belts. 3.2.6 – Physical restraint Land police stations in several Federal Länder 67 still carry out measures of physical restraint. At one station in North Rhine-Westphalia, individuals are bound to holes in the beds and on the wall using metal handcuffs. While continuous CCTV monitoring was in place, continuous personal supervision was not. From this position, the person under physical restraint was unable to reach the emergency call button. 3.2.4 – Visibility of toilets Custody cell doors at the Land police stations had peepholes through which the nonpartitioned toilets were visible. Staff did not knock before looking through the peephole. Furthermore, the CCTV monitoring in some of the cells also covered the toilet area. Physical restraints should not be applied in police stations. According to the Federal Constitutional Court’s judgment of 24 July 2018, the application of physical restraint constitutes a serious interference with the right to freedom of the person (Article 2 (2) sentence 2 in conjunction with Article 104 of the Basic Law) 68 and also poses a serious risk of injury. For this reason, any restrictions of this right must be based on a formal law which is sufficiently precise and takes sufficient account of the 69 The measure principle of proportionality. must be ordered by a doctor and requires monitoring. Furthermore, it must be ensured that one-on-one supervision is provided by 70 therapeutic personnel or care staff. For any physical restraint applied for more than just a short period of time, a court decision is The privacy of individuals held in police custody must be protected. Monitoring an individual while they are using the toilet represents a considerable interference with their rights of personality. Staff members should indicate their presence in a suitable manner before looking through a peephole, especially if the toilet in a custody cell is not partitioned off. The person in the cell might be using the toilet and should be given the opportunity to indicate this. CCTV cameras must be fitted in such a way that the toilet area is either not visible on the monitor at all or, alternatively, is only shown in the form of pixelated images. Unrestricted monitoring of the custody cell should only be permitted in carefully assessed, substantiated and clearly documented individual cases where there is an acute danger of self-harm or suicide. If a toilet area is indeed covered by CCTV monitoring and is not pixelated, only persons of 66 An example of this can be seen in the model used by FRONTEX during deportation flights. 67 See part III. 2.5 – “Physical restraint” 68 Federal Constitutional Court, judgment of 24/07/2018, file no.: 2 BvR 309/15, 2 BvR 502/16, margin no. 83 69 Ibid., margin no. 76 et seq. 70 Ibid., margin no. 83 64 Federal Constitutional Court, order of 05/03/2015, file no.: 2 BvR 746/13, margin no. 33 65 Cologne Administrative Court, 25 November 2015, file no. 20 K 2624/14, juris margin no. 115 et seqq. 62